Breach of Bail
Breach of bail — formally, failing to comply with a release order — is a separate criminal offence under section 145 of the Criminal Code. The offence is committed where an accused who has been released on judicial interim release fails, without lawful excuse, to comply with any condition of release or to attend court when required. Breach charges are common and procedurally streamlined for the Crown.
Mass Tsang's bail hearing lawyers handle both the underlying charges and any breach allegations. For more, see our blog post on failing to comply with bail conditions.
What the Crown must prove
To prove breach of bail, the Crown establishes: the existence of the release order and the specific condition; that the accused knew of the condition; that the accused committed the prohibited act (or failed to do the required act); and that there was no lawful excuse for the breach. The threshold is low — even minor or accidental-seeming breaches can satisfy the elements.
Cascade effects
Breach charges have outsized consequences in the criminal system. They almost always lead to a fresh arrest and a new bail hearing — often on a reverse onus basis under section 515(6)(c), because the alleged new offence was committed on existing release. Continued release becomes much harder. The breach charge also runs alongside the original charges, doubling the litigation burden and complicating eventual resolution.
Lawful excuse and other defences
Bill C-75 amendments to section 145 made the offence less unforgiving by introducing a judicial referral hearing process for less serious breaches — but the basic structure remains. Defences include: lack of knowledge of the condition; impossibility of compliance (the curfew couldn't be met due to a medical emergency); ambiguity in the condition itself; mistake about identity; and lawful excuse generally.
Sentencing
Breach is a hybrid offence. Summary maximum is 2 years less a day; indictable maximum is 2 years. Sentences are often short but virtually always include some jail or a meaningful sentence component, particularly for repeat breaches. The bigger consequence is usually the impact on the underlying file — a breach often leads the Crown to harden its position on the original charges.
Related glossary terms
